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September 24, 2024

The new J&J filing starkly raises the issue of venue-shopping. If the new case remains in Houston, the Texas court would not be bound by the Third Circuit’s ‘financial distress’ requirement.

September 20, 2024

Bound by circuit precedent, the Eighth Circuit held that a prior receivership does not cleanse the bankruptcy estate of the in pari delicto defense.

September 19, 2024

A trustee has standing and a claim for fraudulent transfer just because a fraudulent transfer erodes assets of the bankrupt estate.

September 06, 2024

Eighth Circuit panel disagrees about whether federal preemption bars state law claims for dismissal of an involuntary petition.

August 30, 2024

The Ninth Circuit held that a debtor’s claim for malicious prosecution must be brought in bankruptcy court and may not be filed in state court.

August 27, 2024

Reversing the BAP, the Ninth Circuit held that counsel’s oral waiver of sovereign immunity did not bind the state.

August 05, 2024

Deciding a bankruptcy appeal, the Sixth Circuit deepened an existing circuit split on time limitations for Rule 60(b)(4) motions.

July 12, 2024

The debtor’s prebankruptcy machinations to inflate the value of tokens resulted in low claim valuations in bankruptcy.

July 11, 2024

Bankruptcy Judge Montali didn’t toss an individual out of chapter 7 just because he owned two LLCs that sold marijuana at retail.

June 28, 2024

Justice Gorsuch for the majority bans third-party releases broader than a discharge for those who don’t surrender all their assets to the court.